Mediation FAQs/RULES


  1. AIR CRE Mediation Contact
    All correspondence should include the case name or property address that is the subject of the dispute and be directed in writing to: – or-
    AIR CRE Mediation
    800 W. 6th Street, Suite 1000
    Los Angeles, CA 90017
  2. What is mediation?
    Mediation is an uncontentious, alternative form of resolution that brings disputing parties together with an unbiased third party (a Mediator) who helps the parties reach a mutually satisfactory agreement. The final written agreement that results from the mediation is binding upon the parties and can be enforced by the courts, if necessary. The Mediator neither makes decisions nor acts as an arbitrator, judge or jury. He, she, or they use their skills to facilitate the parties in coming together and developing an agreement.
  3. What is neutral analysis?
    Neutral analysis refers to a range of non-binding processes in which one or more parties retain an unbiased third party (a Mediator) to deliver an evaluation, either in person, via online video conference, or via written report, based on the merits of the case. Neutral analysis typically involves review of the facts and arguments through briefs, reports, transcripts, documents, interviews and any other appropriate sources of information. The Mediator will provide their evaluation based upon a pre-agreed scope of work. These processes, which can be tailored to address the needs of virtually any type of case, include: pre-file neutral evaluations, written case evaluations (brief-based), and second opinions. Please see the Fees page for more information on the cost of requesting a neutral analysis.
  4. Do the parties have to reach agreement during the mediation?
    While the mediation process is generally a highly effective method to resolve disputes, the process is voluntary. That means the parties may discontinue the mediation at any time without consequences. Unless the parties specify in an existing contract, the parties do not waive their rights to arbitrate or litigate their dispute if the mediation process does not result in an agreement. A settlement reached in mediation is legally binding only after it is put into writing and is signed by all parties. It can enforced in a court of law.
  5. What if mediation does not resolve the dispute?
    If for some reason the mediation does not result in an agreement, then the parties are free to pursue a solution any way they see fit. This includes using the court system, or private arbitration. Mediation is always an option, so the parties can choose to revisit it at a later date.
  6. How do I begin the mediation process?
    Please review the Mediation Process and Fees presented on this website, then select Request Mediation to get started.
  7. What types of disputes can be mediated by AIR CRE Mediation?
    AIR CRE specializes in commercial real estate disputes involving tenants, landlords, buyers, sellers, brokers and property managers. Disputes such as return of security deposit, questionable property charges, brokerage disclosures and commissions, deposits, property condition are some commonly mediated matters. The list of disputes that are mediated is exhaustive.
  8. Does AIR CRE Mediation accept requests for all real estate disputes?
    AIR CRE Mediation and its Mediators review every request for mediation received. It is possible that AIR CRE Mediation will determine that a dispute falls outside its expertise and would be more appropriately addressed in another way. Such disputes may involve extremely complex legal issues, the possibility of criminal misconduct, or violations of state licensing regulations. AIR CRE Mediation will immediately notify the parties if this is the case.
  9. How do I choose a Mediator?
    AIR CRE Mediators are specially trained and are screened to ensure they possess the qualifications deemed necessary to successfully mediate real estate transaction disputes. You may select a Mediator from our panel list, or request that AIR CRE assigns you a Mediator. The choice is yours. Mediators are required to not have any personal interest in the outcome of the mediation and must disclose any conflict of interest that may exist.
  10. Conflicts Check
    AIR CRE Mediators must conduct a conflict of interest check to confirm that there are no associations or relationships with any mediation participant that might affect the Mediator’s impartiality. If a conflict is discovered, the Mediator may only proceed with the mediation subject to a prior written waiver of the conflict by all participants in the mediation.
  11. How much does mediation cost?
    Please see Fee schedule for complete information.
  12. Who pays for the mediation?
    If the parties have pre-committed to mediation, the payment of fees may be specified in their agreement. If no agreement has been made, the parties can negotiate payment responsibility. In most cases, the parties split the mediation cost equally.
  13. Who should attend the mediation?
    All parties involved in the dispute (i.e. the individuals who must sign a settlement agreement) and their attorneys (if represented) are required to attend the mediation. In addition, if a party feels that any other individual(s) may contribute to the resolution of the matter, they are welcome to attend at the mediator’s discretion. They will be required to sign a confidentiality agreement and adhere to the Rules.
  14. May counsel represent the parties at the mediation?
    Attorneys are welcome, but not necessary. Mediation is intended to be non-adversarial. It is not a court of law. It is important to note that the Mediator is not able to provide legal advice or counsel. Parties must notify Mediator and the other party at least ten calendar days in advance of mediation of intent to be represented by counsel. Notification must be provided in writing via email or letter. Failure to provide notification within stipulated timeline will result in mediation continuance and a Failure to Notify Representation by Counsel fee.
  15. Is the mediation confidential?
    Except as otherwise provided by the California Evidence Code or California law, all communications, negotiations, or settlement discussions during the course of a mediation, or mediation consultation, are confidential and are not admissible or subject to discovery.
  16. How long does the mediation process take?
    In most cases, the mediation will be held within 60 days from the date AIR CRE Mediation accepts the parties’ request to mediate. The date selected for mediation is agreed to by all parties. Respondents have 21 days to complete the Response to Request for Mediation. If the Respondent does not respond within this time period, the case is closed. The actual mediation can take from half a day to a few days. Much depends on the complexity of the case and the willingness of the parties to reach an agreement. Most, however, are complete within 12 hours or less.
  17. How do I prepare for mediation?
    The Mediator will require information about the dispute to be submitted at least one week prior to the scheduled mediation. Then, the mediator generally reviews relevant documents. For example, if the dispute relates to the sale of a property, the Mediator will review the sales agreement and escrow instructions. For a landlord/tenant dispute, the Mediator will review the lease. The Mediator will also ask for a concise, informal brief in which the parties state their respective positions and their understanding of the facts. Each matter is different, so the Mediator’s requirements may change accordingly. Regardless, the Mediator will clarify what information is expected. Suffice it to say, the mediation process is not paperwork intensive.
  18. Cancellation/Continuance: AIR CRE Mediation requires parties to notify the Mediator at least ten days prior to the scheduled mediation if they intend to have counsel present at the mediation. Failure to do so may result in continuance of the mediation and fee. Notice of cancellation or continuance after the mediation has been scheduled, must be submitted in writing to the Mediator, and may also result in fees. Please refer to the Fee schedule for more information.